JASWANT KAUR Vs. AMRIT KAUR

JUDGEMENT

(1.) SARDAR Gobinder Singh Sibia who was possessed of a large estate died on December 15, 1954 at the age of about 70. He had taken two wives; Gulab Kaur and Dalip Kaur. The story of his life follows the familiar pattern - the pretext of a disagreement with the unwanted wife, special favours for the favourite and jealous rivalries between the children born of the two.

(2.) THE following pedigree will facilitate a better understanding of the issues involved in the case:- <IMG>JUDGEMENT_369_1_1977Image1.jpg</IMG>

(3.) THE suit was tried eventually by the learned Senior Sub-Judge, Sangrur, who by his judgment dated 29/06/1964 decreed it. THE learned Judge held that the defendant who set up the will had failed to prove that it was the last will and testament of his grand father Gobinder Singh and alternatively, that even on the assumption that the will was proved, it must be deemed to have been revoked on account of certain dispositions made by the testator after the making of the will. This alternative conclusion that the will stood revoked by implication is clearly unsupportable and the appellant, who disputes the will, did not urge that consideration before us. THE revocation of an unprivileged will is an act only a little less solemn than the making of the will itself and has to comply with statutory requirements contained in Section 70 of the Succession Act.